On April 25, 2019, the California Construction and Industrial Materials Association (CalCIMA) filed a petition for writ of mandate and complaint for declaratory and injunctive relief (“Petition”) in Ventura County Superior Court challenging the County of Ventura’s approval of a proposed “Habitat Connectivity and Wildlife Corridor” Project and its implementing regulations. The Project was approved by the County Board of Supervisors in March 2019 and is intended to “discourage” development within the Project area. The County approved the Project without completing environmental review in accordance with the California Environmental Quality Act (CEQA).

The Project is essentially an overlay zone that is several hundred thousand-acres in size and includes thousands of acres of important mineral resource deposits (construction aggregate) that have been previously identified by the California Geological Survey and, in some instances, designated by the State Mining and Geology Board (both of which are separate divisions of the Department of Conservation) as being “regionally significant” in meeting the region’s building material needs. These important mineral deposits are a protected natural resource under CEQA and are necessary for use in future housing projects, road construction and repairs, and public infrastructure projects.

Due to the importance of these mineral resources, the County previously approved a Mineral Resources Protection overlay zone intended to ensure the resources were available for future extraction, and not encumbered by incompatible land uses. The County also enacted specific “Goals, Policies and Programs” in its General Plan to provide enhanced protection for these mineral resources.

Despite the importance of these mineral resources, the County approved the Project overlay zone without completing any CEQA review. The County concluded that CEQA compliance was not required because the Project is intended to benefit the environment. However, notwithstanding these potential benefits, the Project and its implementing regulations will cause significant environmental impacts that require environmental review in accordance with CEQA, including the Project’s effects on future efforts to extract critical mineral resources.

As alleged in the Petition, the Project and its implementing regulations will impede, hamper, preclude, and interfere with access to and extraction of mineral resources, including the thousands of acres of State-classified and -designated mineral resources located within the Project overlay zone, which constitutes a significant environmental impact under CEQA and violates the mineral resources protection requirements of the Surface Mining and Reclamation Act (SMARA).

Furthermore, it is well-settled that when local and regional sources of mineral resources are not preserved for future extraction, local agencies are forced to obtain the resources from other jurisdictions located farther away, thereby causing additional truck trips, greenhouse gas emissions, and air quality impacts. This is why the State of California operates a comprehensive Mineral Protection Program to identify, classify, designate, and protect critical mineral resources. (See https://www.conservation.ca.gov/cgs/mrp; https://www.conservation.ca.gov/cgs/minerals/mineral-land-classification-smara).

Land-use regulations that impact communities, industries, wildlife, and the environment are likely to create controversy on all sides. The recent lawsuit filed by several environmental organizations against Los Angeles County for approving development within an unrelated wildlife corridor is a case in point. (See https://www.courthousenews.com/la-county-sued-over-wilderness-housing-project/). Before establishing such regulations, local governments would be wise to ensure that all state and local requirements are followed, including the requirements of CEQA.

CalCIMA is represented by Jeffer Mangels Butler & Mitchell.

If you have questions about the litigation, please contact Kerry Shapiro at (415) 398-8080.

—
Kerry ShapiroKerry Shapiro chairs the Natural Resources & Mining Practice Group at Jeffer Mangels Butler & Mitchell LLP. He has represented the mining, construction and building materials industries on mineral extraction and land development projects for more than 25 years. Kerry also serves as General Counsel to the California Construction and Industrial Materials Association (CalCIMA). Contact Kerry Shapiro at kshapiro@jmbm.com.

Martin Stratte
Martin Stratte is a land use and environmental attorney at Jeffer Mangels Butler & Mitchell LLP. He assists with the entitlement of complex projects throughout California in accordance with CEQA, NEPA, and California’s greenhouse gas emission and climate change regulations. He also represents clients in related litigation. Contact Martin at MStratte@jmbm.com.

JMBM’s Natural Resources & Mining Practice Group
Jeffer Mangels Butler & Mitchell LLP has one of California’s leading natural resources and mining practice groups. The group is comprised of lawyers with over 25 years of practice in law firms, government, and consulting, and provides companies and trade associations with unparalleled counseling, compliance, and litigation services in nearly every area of federal and California natural resources and mining law.

Kerry Shapirois the Chair of JMBM's Natural Resources and Mining Group and co-chairs its Construction and Building Materials Group. Kerry serves as General Counsel to the California Construction and Industrial Materials Association (CalCIMA), and chairs the association's Legal Action Committee. He has represented the mining industry on mineral extraction and land development projects for over 25 years, providing legal services on government, land use, environment, and natural resources matters, at federal, state, and local levels. His experience includes securing entitlements for the largest federally-approved sand and gravel project in the United States, obtaining the first vested rights confirmation from the California State Mining and Geology Board for the largest aggregate deposit in California, and successfully representing mining companies before the Ninth Circuit Court of Appeals and state courts of appeals on mining, CEQA and federal endangered species matters. Contact Kerry at 415.984.9612 or KShapiro@jmbm.com.

Martin StratteMartin Stratte is a land use and environmental attorney who assists with the entitlement of complex projects throughout California in accordance with CEQA, NEPA, and California's greenhouse gas emission and climate change regulations. He also represents clients in related litigation. Contact Martin at MStratte@jmbm.com or 415.984.9627.

Jordi Venturais a member of JMBM's Natural Resources and Mining Group. His practice focuses on the representation of mining companies in Latin America, where he has conducted effective mining legal diagnoses and effective diagnoses of social licenses to operate. He represents the mining industry in mining leases, joint venture and operating agreements, option agreements, exploration and development agreements, and mine operating contracts. He has been the lead attorney in mergers and acquisitions, divestitures of business entities and other land transactions. Jordi Ventura is licensed to practice in Utah and Colorado; he is not licensed in California. Contact Jordi at JVentura@jmbm.com or 415.984.9689.